Annual Report - Palestinian Center for Human Rights

Cases of Extra-Judicial Execution of Palestinians Suspected of
Collaboration with Israel
The issue of collaboration with Israel has continued to be a problem in the year 2005.
A number of Palestinians suspected of collaborating with Israel were extra-judicially
executed by Palestinians in 2005. PCHR does not have clear information about the
number of victims who have been executed in this manner throughout the year.
However, information from local newspapers and from the field, coupled with
statements issued by political parties and their armed wings, indicates that there were
7 cases of such executions, compared to 22 during 2004.
It seems the judicial developments regarding those charged with collaborating with
foreign powers has had an effect on reducing this phenomenon in the Gaza Strip,
where no one was extra-judicially executed for collaboration throughout the year.
The First Instance Court in Gaza, formed in accordance with Decision 130 of the
Higher Council of the Judiciary on 3 May 2004, looks into cases of collaboration with
foreign powers. The court has held dozens of sessions involving cases of Palestinians
charged with collaborating with foreign powers. The continuation of this court’s
work, without external interference, will strengthen the role of the judiciary in
handling these cases. This is a first step towards strengthening the rule of law and
towards ensuring that citizens are not extra-judicially executed for collaboration.
PCHR welcomes efforts to strengthen the role of the judiciary with regard to dealing
with cases of citizens charged with collaboration. This is in line with the Center’s
position that collaborators with the occupation are part of the occupation’s
infrastructure and constitute one of its most dangerous tools within Palestinian
society. Collaborators contribute to the continuous perpetration of crimes by the IOF
against the Palestinian people and, as such, Center’s position on the crimes of
collaborators is no different from its position on the crimes of the occupation. They
are war crimes that must be punished alongside those perpetrated by the leaders and
soldiers of the IOF. Whereas the task of pursuing war criminals from among IOF
commanders and soldiers is an international duty, the pursuit of the occupation’s
collaborators and their trial is a Palestinian duty. This duty must be taken seriously
and the PNA holds the full responsibility for fulfilling this in accordance with the rule
of law.
PCHR rejects any negligence by the PNA with regard to opening all files on
collaborators and taking legal action against them. However, all guarantees of a fair
trial must also be ensured when dealing with collaborators. The rule of law must be
affirmed and there should be no leniency shown to those breaking the law. The
Centre views the continuation of extra-judicial executions of suspected collaborators,
without the perpetrators being brought to justice, as further enhancing the security
chaos and undermining the rule of law in PNA areas. Thus, the Centre calls upon the
PNA to take all necessary steps to ensure that this phenomenon is brought to an end
and to enhance the role of the First Instance Court in Gaza, as the official judicial
body entitled to look into cases of suspected collaboration, without any interference
from other parties.
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